A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On May 18, 2017, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act.

Around 04:55 on May 17, 2020, the Defendant driven a Cchier car under the influence of alcohol with approximately 0.118% alcohol concentration without obtaining a driver’s license on the road near Gangseo-gu Office located in Gangseo-gu, Seoul, about 302 along the Gangseo-gu, Seoul, to approximately 2km road in front of Seoul Yangcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, report on the situation of a drinking driver, report on the situation of a driving without obtaining any license, and report on the status of a driving without obtaining any license;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on Probation under Article 62(1) of the Act on Probation: The Defendant, even though he had had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court, was driving under the influence of alcohol without a driver’s license.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.